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  • jsb
    12-15 10:08 AM
    Thanks Chris for sharing this info
    This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
    ....
    USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.




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  • shirish
    08-15 03:16 PM
    One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)




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  • snathan
    05-23 03:44 PM
    I am on H1 since 2005 and renewed last year and it is valid till april 2010.


    Last year i joined directly to the client and they are processing my GC.

    When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
    So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


    guide me if this is not the correct thing to do...

    regards

    I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.




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  • eastindia
    09-27 12:43 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.

    Ideas are like a**holes. Everybody as got one. :D



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  • newlife2
    09-19 10:17 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.




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  • WeShallOvercome
    07-23 06:03 PM
    Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

    I think that is their strategy,

    don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?



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  • milind70
    07-24 08:39 PM
    Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??

    In the first case if I proceed as of now and when I get an RFE, what should I do ???


    Thanks
    In most of the case Birth Certificates issued by Consulates are not accepted USCIS.Submit you Birth certificate along with two affidavits you should be fine.




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  • mast_mastmunda
    11-10 06:13 PM
    Thanks again for the reply and wishes!!

    Also sorry for another question as I forgot to mention this earlier.

    My new H1B has more than 6 months of validity period.

    One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
    Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

    Employer "A" I-797 receipt #:
    EAC - XXX-XXXX
    I-797 valid : 0ct' 2009

    Employer "B" I-797 receipt #:
    WAC - XXX-XXXX
    I-797 valid: June' 2010

    As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

    Appreciate your help!



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  • greenguru
    04-03 12:29 PM
    I was in the same situation.

    First : Get your new passport.
    Then schedule an appointment in the Consulate ( Canada ) and go for stamping.

    All canadian Cons. take passport for the scheduling appointment.




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  • kumar.yerr
    12-15 05:36 PM
    I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.

    I do have a genuine job and had been working for the same client since the day I started working in the US..

    VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.

    Below is conversation:
    1) DS-156, 157 & Passport
    A) I handed him those docs.
    2) Are you returning to the same job?
    A) Yes sir
    3) Can I see the client letter?
    A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
    4) Can I see your Paystubs?
    A) Gave him all the paystubs since May 2007.
    5) Why are the amounts different in paystubs?
    A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.

    He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.

    Couple of questions:
    1) Should i drop my passport along with all other documents?
    2) What is the success rate and
    3) Why do they usually issue an Yellow slip?

    Any help is greatly appreciated..

    Thanks and Regards..



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  • gc4me
    04-23 10:16 AM
    Is this true?
    I-140 belongs to your employer and so USCIS only sends to your employer/attorney. For me, they sent it to my employer/attorney.

    If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)




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  • amitjoey
    03-14 04:44 PM
    How about a monthy subscription? Donate some money every month. Could be $100, $50 or even just $20



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  • breddy2000
    12-16 12:22 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    It quiet common that each office follows different rules.

    No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.




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  • TheCanadian
    01-02 08:24 PM
    Are you saying we can submit past works?



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  • dhirajs98
    01-13 10:31 AM
    Receipt date is July 2nd, 2007.

    Unfortunately, its the company lawyer and I cannot use a different lawyer's services.

    Don't use other lawyer .. just consult them. You can setup a phone call with them by going to their website. Take the advise and ask your company lawyer to do that.




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  • simple1
    05-11 06:49 PM
    desi3933,

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    again “respective subsection” is not referring to primary’s subsection.
    same status = parolee, denied etc.
    same order of consideration = PD order.
    respective subsection=the respective/related/corresponding subsection of derivative not the primary.

    This point was already discussed on member's and donor's thread with same subject.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

    This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.

    Thanks.


    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • lostinbeta
    10-21 01:35 AM
    Wow, very interesting. I have never heard of that before.

    Well where I was thinking falls in those rules, according to that grid, it was #2.

    Like I said though, put it where you want... don't mind me...just blurting stuff out.




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  • cin45220
    01-26 04:45 PM
    u are a rasam drinking gulty, right?
    :eek:

    check your facts again. racism is considered sexy these days ;)

    If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...

    With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..

    -CinBoy




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  • eb3_nepa
    06-09 01:39 PM
    When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.

    I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.

    I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.




    satishku_2000
    07-30 02:10 AM
    If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.

    Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.

    If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.

    Yes if it gets rejected...u need to take an appointment in india and return to US.


    My friend and his wife went for h1b stamping in Ottawa canada last week. None of them have any "US degrees". My friends wife was changing her status from H4 to H1. This is second time for my friend in Canada.




    ruby
    08-17 06:11 PM
    In July as all the PD were current layers said that if they try to port the PD from EB ( which was Sep 2003) to EB2 ( with PD Oct 2004) USCIS will reject the case with reasoning that every thing is current so there is no need for PD porting.
    Now as EB-3 become �unavailable with Sep Visa news, it seems I can not port that PD to EB2. as memo says EB2 PD should be current , which is not ( EB2 PD is Oct 2004) :confused:



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